Feldman v. Jacobs

Appellate Division of the Supreme Court of New York

Feldman v. Jacobs

242 A.D. 831

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1934·Published

Opinion

Judgment dismissing complaint at close of plaintiff’s case in an action to recover damages sustained by reason of plaintiff’s falling from a window reversed on the law and a new trial granted, costs to appellant to abide the event. We are of the opinion that there were questions of fact to be determined by the jury as to the negligence of defendant and the contributory negligence of plaintiff. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Seudder, J., dissents and votes to affirm.

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Judgment dismissing complaint at close of plaintiff’s case in an action to recover damages sustained by reason of plaintiff’s falling from a window reversed on the law and a new trial granted, costs to appellant to abide the event. We are of the opinion that there were questions of fact to be determined by the jury as to the negligence of defendant and the contributory negligence of plaintiff. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Seudder, J., dissents and votes to affirm.

Feldman v. Jacobs, 242 A.D. 831 (N.Y. Ct. App. 1934).

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